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Personal Professional Prompt

Lasting Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document by which you can authorise someone else to manage your financial and property affairs or personal welfare matters on your behalf. The Lasting Power of Attorney document continues to have legal effect even if you temporarily or permanently lose mental capacity and are unable to manage your affairs because of an illness or disability or perhaps an accident.

There are two types of Lasting Powers of Attorney:-

  • Health and Welfare Lasting Power of Attorney
  • Property and Financial Affairs Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney authorises your chosen attorney(s) to make personal welfare and medical decisions on your behalf if at some time in the future you are unable to make those decisions yourself. The Lasting Power of Attorney for health and welfare must be registered at the Office of the Public Guardian and can only be used when you have lost the ability to manage your own affairs.

Personal welfare decisions relate to your general day to day living arrangements and any care or support that you may need to receive.

In your LPA you must state whether or not your attorney(s) have the power to make decisions regarding life sustaining treatment.

A Property and Financial Affairs Lasting Power of Attorney gives your chosen attorney(s) the right to make financial and property decisions on your behalf. If you wish, a Lasting Power of Attorney Property and Financial Affairs can be used even whilst you still have capacity to manage your own affairs.

In your LPA(s) you can, if you wish, give binding instructions to your attorney(s).  You can also include points for the guidance of your attorney(s) which are not binding.

We can advise and assist you regarding the preparation of Lasting Powers of Attorney and then in connection with registering the Lasting Powers of Attorney at the Office of the Public Guardian.